6.  The applicant was born in 1966 and is serving a prison sentence in Kaliningrad Region.
7.  On 16 March 1998 the applicant was arrested on suspicion of possession of illegal drugs. From 16 March to 30 December 1998 he was detained in remand prison no. IZ-39/1 in Kaliningrad pending investigation and trial.
8.  Pursuant to the certificate issued by the remand prison administration on 16 March 2007 and produced by the Government, the applicant was detained in four cells. From 16 March to 24 April 1998 he was held in cell no. 29, which measured 7.7 square metres. From 24 April to 15 June 1998 he was placed in cell no. 145, which measured 7.9 square metres. From 15 June to 26 August 1998 he was kept in cell no. 8, which measured 7.8 square metres. Lastly, from 26 August to 29 December 1998 he was held in cell no. 4/19, which measured 14 square metres. According to the Government, the information on the numbers of inmates detained in the same cells as the applicant was not available as the documents had been destroyed. The Government, relying on the same certificate, further submitted that at all times the applicant had had an individual bed and bedding.
9.  The applicant did not dispute the cell measurements and the period of detention there. He submitted that the cells in the remand prison were always overcrowded. The number of bunk beds in the cells was insufficient and the inmates had to take turns to sleep. There were six beds in cell no. 29, while there were twelve inmates held there. In cell no. 145 there were ten or eleven inmates who had to share four beds. No bedding was provided for him and all the time he had been detained in cell no. 29 he had had to sleep just on the metal mesh of the bunk bed. Then his relatives sent him a mattress, a blanket, a pillow, sheets and a pillow case.
10.  Relying on the certificates issued by the management of the remand prison on 16 and 27 March 2007, the Government provided the following description of the cells where the applicant had been detained. The windows had glass panes and were provided with air vents which could be kept open. Each cell was equipped with mechanical and exhaust ventilation. When the inmates went out for exercise the door vents in the cells were kept open too, to allow for additional air circulation. The central heating ensured an adequate temperature of 180C. The lights in the cells were constantly on, which permitted permanent supervision of the inmates detained in the cells and the prevention of altercations between them, and against other contingencies too. Between 6 a.m. and 10 p.m. the cells were lit with two 100-watt bulbs, ensuring sufficient brightness in the cells. During the night the lighting used was of a lower intensity. Cleaning and disinfection were carried out on a regular basis, at least once a month. Rodent and insect extermination was carried out on a weekly basis. Should lice, bed bugs, cockroaches, etc. be detected in the cells, additional prompt disinfection was conducted too. The cells were equipped with a centralised cold and hot water supply and a sewage system. The remand prison did not limit or restrict water use by the detainees in any way. The toilet was separated from the living area of the cell by a wall one metre in height and functioned properly.
11.  The applicant rejected the description of the conditions of his detention as submitted by the Government. As regards the certificates provided by the Government, he considered them to be an unreliable source of information given that they had been prepared almost nine years after he was detained at the remand prison in question. According to the applicant, the windows in the cells were covered with metal shutters which prevented the access of fresh air. The shutters were removed only in 2003 pending the visit of the European Committee for the Prevention of Torture. The cells were infested with cockroaches, bed bugs, lice and other insects. They were never sanitised. The inmates had at their disposal only disinfectants received from their relatives. The food was of poor quality. It was distributed by inmates dressed in dirty clothes. It could be seen that their hands and fingernails were dirty too. The laundry service was always closed and the inmates had to wash and dry their bed sheets in the cells. The toilet was separated from the living area of the cell only in cell no. 4/19. In other cells the inmates had to hang up a curtain made of an old bed sheet to partition off the toilet area. In cells nos. 29 and 145 the toilets were broken and leaked constantly. In cell no. 8 the toilet installed had been manufactured in Germany before the Second World War. The furniture in the cells was scarce and broken. There was practically no hot water supply. The light was very bright and was never switched off. Because of the lack of any ventilation in the cells it was stiflingly hot in summer. The applicant further alleged that as a result of detention in such conditions he had developed skin diseases such as psoriasis and eczema. He also suffered from a psychological disorder and depression.
12.  According to the applicant, his daily walk lasted no longer than an hour. It took place in a small yard measuring seven square metres. Due to the high number of inmates taken into the yard it was practically impossible to move around. There were no benches in the yard either. Everyone just had to stand still.
13.  The applicant further submitted that between 16 March and 24 April 1998 the administration had introduced a quarantine regime in the cell after one of the inmates had fallen ill with hepatitis. During that period the inmates were not allowed to use the shower facilities. After the quarantine was over, the applicant could take a shower only on very rare occasions, that is no more often than once in twelve, fifteen or twenty days. At all times the shower rooms were overcrowded and the water was either too cold or too hot to allow adequate washing.
14.  The Government denied that an inmate suffering from hepatitis had been detained in any of the same cells as the applicant. Nor had there been any restrictions on the use of the shower facilities.
15.  On 23 January 2003 the applicant, who was at that time serving a prison sentence, sued the Ministry of Finance of Russia and remand prison no. IZ-39/1 for compensation for damage resulting from his pre-trial detention in appalling conditions and lack of medical assistance. The applicant claimed an award for non-pecuniary damage in the amount of 99,000 Russian roubles (RUB). He also sought leave to appear before the court and asked for a lawyer to be appointed to represent him.
16.  On an unspecified date the Tsentralniy District Court of the Kaliningrad Region informed the applicant that the applicable laws did not provide for the attendance of persons serving a prison sentence at a hearing concerning the determination of their civil rights and obligations. The court further advised the applicant of his right to submit observations in writing and/or to appoint a representative and communicated to him the date and time of the court hearing.
17.  On 22 April 2003 the District Court heard the case in the applicant's absence. The respondent parties were present. They made oral submissions to the court and presented written evidence. The court dismissed the applicant's claims in full. Firstly, the court accepted that the applicant had been detained in overcrowded cells pending investigation and trial. After reviewing the applicant's medical file the court found that the applicant had received necessary medical assistance. The court examined the documents provided by the respondents to substantiate their argument that conditions of the applicant's detention had been in conformity with applicable standards, and dismissed the remainder of the applicant's allegations as unsubstantiated. Lastly, the court noted that Articles 1069 and 1070 of the Russian Civil Code were not applicable to his case, given that he had been detained lawfully.
18.  On 24 September 2003 the Kaliningrad Regional Court considered the applicant's appeal against the judgment of 22 April 2003 in his absence. In sum, the appeal court noted that the overcrowding of the remand prison had been due to objective reasons and could not give rise to the respondent parties' civil liability, even though the latter conceded that the remand prison had been overcrowded. The court upheld the said judgment noting that (1) it had not been incumbent on the lower court to provide the applicant with free legal assistance and (2) the applicant had been duly notified of the date and time of the court hearing and had had ample opportunity to retain a representative to plead the case on his behalf.